MINUTES

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

Roll call showed the following Directors present: Eads, Whitney, Estabrook, Orth and Skezas. Also present were General Manager Williams and District Counsel Neary.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

None

D. MINUTES OF PREVIOUS MEETINGS

1. Director Orth moved to approve the minutes of September 14, 1999 as written, seconded by Director Eads. Motion was passed unanimously.

E. SPECIAL PRESENTATION

None

F. PUBLIC HEARING

2. CONSIDERATION OF A RESOLUTION DECLARING THE EXISTENCE OF AN UNSAFE CONDITION AT 24330 AND 24340 LILAC ROAD, APN 100-162-04 AND 100-162-05, OWNER HENRY GRISHABER

General Manager Williams explained that, as a result of the hazard abatement program in July, Mr. Grishaber appeared before the Board stating that he had done some cutting of trees and grading on his property in 1994. A subsequent inspection by District Architect Axt indicated that he had not taken mitigation measures as directed in 1994. Due to the severe driveway cut, a buildup of dirt on Lilac Road had occurred, and the County Planning Commission sent a notice requiring him to file a grading plan and comply with the County grading ordinance by September 27th.

Mr Grishaber did file a preliminary plan which the County reviewed, requesting that he submit his plan to CDF and Brooktrails prior to October 7th. Because he had done so, staff recommendation was to continue the matter to the next meeting to allow time to monitor the progress and report back to the Board.

Director Orth moved to continue the matter to October 12th, seconded by Director Whitney.

Director Estabrook expressed concern about the length of time that had elapsed and asked that a future agenda item be scheduled to develop a rigorous monitoring plan to follow up on such violations more promptly in the future. Because this appears to be a County matter for enforcement, he asked that the Board consider passing an amendment to Ordinance 98 to provide for the protection of the watershed. In response to his concerns, District Counsel Neary explained that the Board could consider passing a new Ordinance to establish the parameters for District intervention.

Director Whitney agreed, noting that irresponsible development activity causes future expense to both the District and private property owners.

Director Orth pointed out that the County ordinance, adopted as part of the Specific Plan, provides that such violations are finable misdemeanors, which is more than the expired CC&Rs provided in the past.

Director Eads hoped that Mr. Grishaber was not being penalized for appearing before the Board at a public hearing. He felt that the District's main concern should be protection of the adjoining Greenbelt from encroachment during the remediation process.

A vote on the motion to continue the matter was taken, which passed unanimously.

G. PUBLIC COMMENTS

Bob Terry of Poppy Lane asked if there had been any response to the letter sent to the County requesting additional signing of no-parking zones and speed limits, to which General Manager Williams responded that there had not.

H. ACTION AGENDA

3. REVIEW OF PROPOSALS FROM CDF FOR FIRE PROTECTION SERVICES

General Manager Williams explained that at the annual planning session in February the Board contemplated the need to increase the fire tax, which was established in 1981. Revenues from the tax are about $160,000 per year and existing expenses for personnel, maintenance and operation of the fire department are about $228,000 per year. Along with the proposal to increase the tax other options were discussed including contracting with CDF for fire protection services. The current staff of the fire department includes two full-time employees, the Fire Chief and the Fire Prevention Officer, who perform various duties throughout the District. He pointed out that when services are contracted out, flexibility is lost, however a greater level of training is provided.

With the aid of the overhead projector, he reviewed the proposals provided by CDF, noting that items requested in addition to the cost of service were office staff, housing and vehicles. Demonstrating a deficit of $66,000 to $89,000 per year, depending on the level of service selected, all proposals appeared to be over budget.

Board members conveyed their feelings that the CDF proposals provided less in terms of service than they had originally anticipated.

In response to a question from Director Orth, General Manager Williams commented that if the fire tax does not pass, the ambulance service and hazard abatement program would be the first things to look at in terms of cutting costs, as both of those services were added after the passage of the tax in 1981.

Director Whitney felt that a liability could exist if the District did not provide full fire department services and continued to promote development.

Addressing the large number of volunteer firefighters who were present in the audience, Director Orth thanked them for their service to the District.

President Skezas called for a motion to receive and file the proposals from CDF. Director Whitney made the motion, adding that he wished, also, to thank CDF for their time. The motion was seconded by Director Estabrook.

Leo Puentes, Captain of the volunteer fire fighters, took the podium to address the Board. He stated that he had served the District since 1994 and pointed out that the firefighters present were local citizens, many of whom are EMT's, who have given up their personal time to train and prepare for emergency situations for the benefit of the residents of the District. He urged the Board to support the local fire department.

Board members encouraged the firefighters to campaign for passage of the fire tax and win the support of the voters.

A vote on the motion to receive and file was taken, which passed unanimously.

4. REVIEW OF CONTINGENCY PLANNING FOR Y2K

General Manager Williams summarized the upgrades that had been done and were scheduled to take place prior to the beginning of the year, as outlined in the staff report. He also reviewed the report received from PG&E, the State of California, and the various vendors of the District.

Director Whitney felt that the "normal business hours" stated on the November bill should be more specific . Also, he asked that numbers be provided on how many residents are served by pressure pump service, and if there are adequate facilities at the treatment plant to accommodate those people.

In response to his concerns, General Manager Williams reviewed the number of pressure zones in the District and explained that satellite locations could be established for pick up of water if there were an extended power outage, and Fire Chief Thomen described the capacities of the District's fire equipment.

Director Estabrook suggested running a test of the backup generator at the treatment plant prior to December 31st.

President Skezas asked that the status of the Y2K planning be updated at each of the Board meetings prior to the end of the year.

I. SPECIAL REPORTS

General Manager will report on significant activities within the District including but not limited to the following:

i. Significant Correspondence received since last meeting:

1. A letter had been received from Robert Houtz in support of Wagenet Second Access proposal.

2. Director Whitney sent a letter by fax requesting nomination to the Oak Woodland Subcommittee for the Mendocino County Forest Council as a representative from Brooktrails. He provided a brief description of the Council and their recent efforts in the establishment of forest management programs. Director Eads asked Director Whitney if he still had dealings with the Forestry Council on a personal level, or as a representative of private property owners. Director Whitney stated that he is interested because he works in environmental planning. Although he does attend the meetings as an interested citizen he had not appeared before the Council in years. The Chair agreed to nominate Director Whitney for appointment to the subcommittee.

3. Clarification of Election Procedures were received from LAFCO. At the previous Board meeting, Director Orth had been nominated to be the Special District representative. Because another person has been nominated, an election will be held, and the letter outlined the procedures for that election.

4. A letter addressed to President Skezas was received from the Taxpayers for Fair Competition asking for the Board's support of a ballot initiative which would allow state and local governments to contract with private sector engineers and architects. Prior to the discussion, Director Orth left the table due to a conflict of interest.

Director Estabrook asked for clarification of the impact the initiative would have on the District. After a brief discussion, Board members agreed to place the proposed resolution on the next agenda, asking District Council Neary to provide an analysis of its effect.

ii. Personnel

iii. Finance

iv. Planning

Director Estabrook provided the agenda and copies of the minutes of the most recent meeting of the One Town-One Vision Project. He stated that they will be discussing private land constraints, as they relate to the establishment of hiking trails and pathways, at the next meeting on October 5th.

Susan Monteleone came forward to address the Board. She stated that the One Town One Vision Project is a city-wide effort which includes many volunteers from Brooktrails, as well as the Willits City Council, the Chamber of Commerce and the Willits Environmental Center, and offered a brief description of the goals of the organization.

v. Possible upcoming agenda items

vi. Other

In response to an inquiry from Director Eads, an article on radon was provided for the Boards's review. Because radon is contained in the soil, it is not of current concern. However, the information should be included in any subsequent studies on the feasibility of the use of wells.

Director Whitney sent a letter by fax asking that certain "Off Road" problem areas be addressed. General Manager Williams offered to report the violations to the appropriate County agencies.

A copy of the County's Resolution Number 99-200 was provided to the Board, wherein they acknowledge that they are responsible for construction and maintenance of roads, they direct their Department of Transportation to begin a project study report for an easterly access road to Brooktrails, and notify CalTrans that those actions have been initiated.

Director Estabrook expressed concern that the County Resolution inferred that Brooktrails supported the Elsie Bypass proposal, which it did not. He asked that someone attend the up-coming MCOG meeting to insure that the same mistake is not made there. Director Eads suggested a letter be sent to the Board of Supervisors advising them of the misunderstanding.

J. PUBLIC COMMENTS

Bob Terry of Poppy Lane asked for confirmation that the up-coming election to raise the fire tax would be voted on by registered voters as opposed to all property owners.

Susan Monteleone voiced her agreement with Directors Estabrook and Eads about the Resolution in support of the Wild Oat Canyon second access route.

K. ADJOURNMENT

Director Orth moved to adjourn and President Skezas declared the meeting of September 28, 1999 closed at 9:06 p.m.


PAUL A. WILLIAMS

Secretary to the Board of Directors

GEORGE C. SKEZAS

President